Legal aspects regarding research data

Legal overview regarding research data

It is common with many collaboration partners in a research project. An important consideration when it comes to data management in different collaboration agreements is that it should be clearly stated who the processor of data is, i.e. who is responsible for different stages of the data treatment. In a data management plan  one can clarify who is responsible for processing and storage of data.

It is becoming more common that funding agencies require a data management plan and also that data should be publicly available (Open data). As a public state university, KTH abides under the principle of public access to official records. This means that most research data is a public act. Exception is made for data that is within the scope of secrecy according to the Public Access to Information and Secrecy Act and data that contains sensitive personal data. In a collaboration agreement it should be clarified when reason for secrecy exists for data collected, measured or created within a research project.

It should also be clear in the agreements who will be the owner of any Intellectual Property (IP) that may arise in the research project and whether a permit to use data protected by Copyright is needed. Depending on what type of data that is generated, other agreements or assessments may also be necessary, such as data processing agreements according to GDPR.

The person responsible for processing data should also consider whether the research requires approval according to the Ethical Review Act before the project starts.

If you need more information on a certain legal aspect, you can find it below.

Support at KTH & contact information

If you have further questions regarding management of research data, contact researchdata@kth.se .